[37] Bill 70 Original (PDF)

Bill 70 2003

An Act to remove barriers
to the practice of occupations,
professions and trades in Ontario
for persons with appropriate qualifications
obtained outside Ontario

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"occupation" means an occupation, profession or trade, including, but not limited to, an occupation, profession or trade in the following areas:

1. Accountancy.

2. Agriculture.

3. Architecture.

4. Construction.

5. Education.

6. Engineering.

7. Health.

8. Law.

9. Manufacturing and service industries; ("profession")

"occupational approval" means an approval, however described, by an occupational body for an individual to practise an occupation in Ontario under any law regulating the practice of the occupation, including an approval given by licensing, certifying or registering the individual to practise an occupation under such a law; ("autorisation professionnelle")

"occupational body" means a self-governing body that is authorized, under the law of Ontario, to grant or refuse applications for occupational approval. ("organisme professionnel")

Equal opportunity

2. An occupational body shall give an individual who has obtained occupational qualifications outside Ontario the same opportunity to seek and to obtain an occupational approval as an individual who has obtained occupational qualifications in Ontario.

Access to information

3. An occupational body shall make all relevant information about its occupational approval standards and processes, including appeal processes, available in an accessible form to anyone seeking the information, whether from within or outside Ontario.

Competency based on performance capacity

4. For the purpose of making a decision about an application for occupational approval, an occupational body shall base its assessment of competence on criteria relevant to the performance capacity of the applicant.

Reasons for denial of occupational approval

5. An occupational body shall give written reasons for the denial of an application for occupational approval to the applicant.

Occupational training opportunities

6. An occupational body shall ensure that opportunities for occupational training to allow Ontario competency standards for occupational approvals by the body to be reached are available to all individuals in the occupation, whether within or outside Ontario, subject to considerations of occupational demand and financial feasibility.

Internal appeals

7. An occupational body shall provide a fair and reasonable process of internal appeal against a decision to deny an application for occupational approval that,

(a) gives the applicant adequate information about the right to appeal;

(b) gives the applicant adequate time to prepare and lodge an application for appeal; and

(c) ensures that the decision is objectively reviewed by staff of the body who were not involved in assessing the application for occupational approval or making a decision on the application.

Enforcement by civil action

8. An individual adversely affected by an act or omission of an occupational body in alleged contravention of this Act may bring an action in the Superior Court of Justice, and if the Court finds that this Act has been contravened, it may make such order as it considers appropriate to enforce this Act.

This Act to prevail over other Acts

9. (1) The provisions of this Act prevail over the provisions of any other Act and any regulation made under any other Act irrespective of when the other Act is enacted or the regulation is made under the other Act.

Exception

(2) Subsection (1) does not apply if the other Act referred to in subsection (1) expressly states that a provision of that Act or of a regulation made under it prevails over the provisions of this Act.

Commencement

10. This Act comes into force on the day it receives Royal Assent.

Short title

11. The short title of this Act is the Removal of Occupational Barriers Act, 2003.

EXPLANATORY NOTE

The Bill applies to self-governing occupational bodies that, under Ontario law, approve individuals to practise occupations (including trades and professions).

The Bill requires that occupational bodies, in considering applications for approval to practise in an occupation, do not discriminate against applicants on the basis that they have obtained their occupational qualifications elsewhere. Information about the process for applying for occupational approval is to be made accessible to everyone within and outside Ontario. The only basis for deciding whether an applicant is competent to practise the occupation in Ontario is to be the performance capacity of the applicant.

The Bill provides that unsuccessful candidates for occupational approval are to be given written reasons for the denial of approval. To enable candidates to upgrade their skills to Ontario competency standards, occupational bodies are required to ensure that training opportunities are available to anyone, whether within or outside Ontario (subject to demand and financial feasibility). Occupational bodies must also provide access to a fair and reasonable internal appeal process for all those whose initial applications for occupational approval are denied.

If an occupational body contravenes the Bill, an action for its enforcement may be brought in the Superior Court of Justice.

The Bill prevails against all existing Ontario Acts and regulations, and will also prevail against any future Ontario Acts and regulations under those Acts unless the later Acts expressly provide otherwise.